LEADER 03212nam 2200361 450 001 9910705077803321 005 20230612184220.0 010 $a9780472903498 035 $a(CKB)26595050000041 035 $a(NjHacI)9926595050000041 035 $a(EXLCZ)9926595050000041 100 $a20230527h20222023 uy 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aBaby Ninth Amendments $eHow Americans Embraced Unenumerated Rights and Why It Matters /$fAnthony B. Sanders 210 1$aAnn Arbor, Michigan :$cUniversity of Michigan Press,$d2022. 210 4$dİ2023 215 $a1 online resource (xiii, 199 pages) 311 $a9780472076154 327 $aIntroduction -- The Path to Judicially Enforceable Unenumerated Rights -- The Growth of Baby Ninths Before the Civil War -- Baby Ninths from the Civil War to Today -- Judges (Mostly) Haven?t Agreed -- What Do Baby Ninths Mean? 936 What Individual Rights Do Baby Ninths Protect? -- Afterword: What Do Baby Ninths Tell Us? -- Appendix -- Notes -- Index. 330 $aListing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment. This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly. 606 $aCivil rights$zUnited States 615 0$aCivil rights 676 $a323.0973 700 $aSanders$b Anthony$cJ.D.,$01359431 801 0$bNjHacI 801 1$bNjHacl 912 $a9910705077803321 996 $aBaby Ninth Amendments$93373888 997 $aUNINA